Our Law Blog
Check back frequently. We continuously post noteworthy information, news, cases and opinions related to landlord tenant law and commercial litigation in Florida.
Tenant’s Lease Subject to Termination Upon Landlord’s Property Foreclosure
21 Sep 0 CommentsTenants may be facing new hurdles due to a newly enacted statute by Governor Rick Scott. On June 2, 2015, the Governor signed off on Florida Statute section 83.561, which provides that upon issuance of a certificate of title following a
Unappealable Non-Final Orders in Florida Eviction Actions
08 Sep 0 CommentsAn appeal was recently dismissed when the appellate court determined that the order being reviewed in an eviction matter dealt simply with the payment of rent into the court registry. The appellate court held that the order determining rent into
Failure to Specifically Plead an Affirmative Defense Means Reversal of Dismissal In Florida Eviction Action
08 Sep 0 CommentsIn a recent appeal the dismissal of an action by a landlord against a tenant for failure to pay rent was reversed when the appellate court determined that the trial court had allowed the dismissal of landlord’s complaint for failure
Dismissal Overturned When Landlord Not Given Opportunity to Cure Defective Notice or Pleadings
12 Mar 0 CommentsA dismissal was recently reversed in Miami-Dade when the circuit court on appeal determined that the county court had failed to give the Plaintiff, Landlord, an opportunity to cure a defect in the pleadings pursuant to Florida’s revised Landlord/Tenant Act,
Failure to Allege Rent Claimed is in Error Merits Entry of Default Final Judgment
12 Mar 0 CommentsOn appeal the Circuit Court in Pinellas County upheld a default final judgment entered by the county court in a landlord/tenant matter when it was determined that the tenant failed to dispute the amount of rent alleged in the landlord’s
Failure to Comply with Conditions Precedent – Security Deposit Claim
30 Sep 0 CommentsThe failure of a tenant to comply with all requirements of statute prior to instituting a claim for recovery of a security deposit may lead to a dismissal of the action. A tenant, while still in possession of a rental,
Failure to Pay Rent into Court Registry in a Florida Eviction is an Absolute Waiver of Defenses Other Then Payment
16 May 0 CommentsFailure to Pay Rent into Court Registry in a Florida Eviction is an Absolute Waiver of Defenses Other Then Payment In a recent eviction action out of Miami-Dade, County, Judge King denied a defendant’s motion to dismiss and request for
Florida Landlord Estopped from Evicting Tenant Due to Acceptance of Late Rents
06 May 0 CommentsFlorida Landlord Estopped from Evicting Tenant Due to Acceptance of Late Rents. Landlords be aware that your acceptance of rent after issuance of a three-day notice in Florida may create a waiver of your ability to pursue eviction under certain
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